Ryerson v. Nicholson
Supreme Court of Pennsylvania
Motion to set aside the sale of the defendant’s lands, by the sheriff' of Payette county. It appeared that a testatum y?, fa. had been delivered- into the hands of the sheriff of Fayette county, at the suit of Eyerson, in the month of June 1797, for the sum of 2202 dollars and 64 cents, on which he levied four tracts of land, which were afterwards condemned by an inquest.
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Motion to set aside the sale of the defendant’s lands, by the sheriff' of Payette county. It appeared that a testatum y?, fa. had been delivered- into the hands of the sheriff of Fayette county, at the suit of Eyerson, in the month of June 1797, for the sum of 2202 dollars and 64 cents, on which he levied four tracts of land, which were afterwards condemned by an inquest. That in the suits by Zantzinger three testatum fi.fcds. were delivered to him amounting to 6780 dollars, in September following, whereon he levied eight tracts of land, one moiety of a forge, and one moiety of three other…
1Opinion of the Court
By the court.
We have a controlling power over the conduct of our different officers, and must necessarily exercise it for the advancement of justice. Here have been five tracts of lands sold together in one lot, and the moiety of three other tracts sold in another lot. It is impossible to ascertain, what price, the property if subdivided, would have commanded. But it is obvious, that ihe sales of property thus combined, must produce mischiefs as well to the creditor as debtor. The general rule, which public utility prescribes, is, that different lots of ground, houses, or parcels of land…
2Cited by4 opinions
- Reynolds v. HarrisCalifornia Supreme Court · 1860
- In re RoachSuperior Court of Delaware · 1925
- Bridgman v. WilcutSupreme Court of Iowa · 1854
- Nesbitt v. DallamCourt of Appeals of Maryland · 1836